Welcome

Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and
others concerned about HIV/AIDS. Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the
conversation yourself by registering on the left side of this page.

Privacy Warning: Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive
and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a
username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own
physician.

All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators
of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please
provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are
true and correct to their knowledge.

Author
Topic: CA DMV rejecting HIV license plate (Read 18883 times)

OK, so I'm not really sure where this topic belongs. But I don't think it's really "off-topic".

Back in June I placed an order online for an environmental license plate from the California DMV. I tried several plates with the letters "HIV" until I found one that was accepted by the DMV web site and available. They took my money.

Today I received a letter from the DMV stating they denied my request and are refunding me the money. The reason is :

1. Per California Vehicle Code, Section 5105, the department may refuse any combination of letters and numbers that may be considered offensive, which could be misleading, or in conflict with any existing license plate series issued.

I know it doesn't conflict because the site checked it. And I don't think it's any way offensive or misleading (how could a license plate mislead ?).

There doesn't seem to be any possibility of appeal. Do I have to sue them ? And who would be best to contact ? ACLU ?

Was this rejection an impersonal computer's decision or did a person tell you that you cant advertise your status on your bumper ?

No, it's personal, and there is the name of a real person at the bottom of the letter. The rest of the letter clearly implies that this was a human review.

Another quote from it :

"I am sure you can appreciate how difficult it is to balance an individual's constitutional right to free speech and expression, while protecting the sensibilities of all segments of our population. Please understand that this is a very difficult area to regulate and that not everyone feels the same way on any given subject."

Sounds to me the someone at the DMV made a judgement call . If you really want the plate why not just apply again , chances are the person that rejected it the first time around wont be involved this time .

What about the person who wants HIVLIES or HIVCURE or somesuch? I rather see the point in the rejection, actually. Open the door, the crazies walk in.

Won't a red ribbon on your car or a bumper sticker be sufficient?

At the very least, it will give you some memorable, if lengthy, moments in rural areas with the local populations and police.

Logged

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

"Protecting the sensibilities" of a population is so important! I wonder if you asked for one that said 'HERPES' or 'CANCER' would be acceptable and that if mentioning that it was for AIDS awareness would make any difference. Personally, I see nothing wrong with what you chose (although I don't have a plate like that on any of my cars). Perhaps something a bit more discrete would work...

Back in June I placed an order online for an environmental license plate from the California DMV. I tried several plates with the letters "HIV" until I found one that was accepted by the DMV web site and available. They took my money.

Today I received a letter from the DMV stating they denied my request and are refunding me the money.

Maybe they fear for your safety - like they don't want you to become a magnet for gay bashers or something

OK, so I'm not really sure where this topic belongs. But I don't think it's really "off-topic".

Back in June I placed an order online for an environmental license plate from the California DMV. I tried several plates with the letters "HIV" until I found one that was accepted by the DMV web site and available. They took my money.

Today I received a letter from the DMV stating they denied my request and are refunding me the money. The reason is :

1. Per California Vehicle Code, Section 5105, the department may refuse any combination of letters and numbers that may be considered offensive, which could be misleading, or in conflict with any existing license plate series issued.

I know it doesn't conflict because the site checked it. And I don't think it's any way offensive or misleading (how could a license plate mislead ?).

There doesn't seem to be any possibility of appeal. Do I have to sue them ? And who would be best to contact ? ACLU ?

You could contact the ACLU, if you wanted to stir things up a bit, but, if you live in the BIBLE BELT like I do, I wouldn't DARE put anything like that ANYWHERE on my Truck, not even a Rainbow Sticker,unless I wanted to pick a FIGHT every time I went somewhere in my Truck, but since you happen to live in LIBERAL California, BTW (I use to live in SACRAMENTO 6 or 7 yrs ago) I don't see a real problem with it, I also find it odd, that it was denied, but at least the DMV is offering a "Refund" but you do understand, that if you accept that "refund" then you will have no-recourse to complain, just something to consider?

« Last Edit: September 07, 2008, 07:59:29 PM by denb45 »

Logged

"it's so nice to be insane, cause no-one ask you to explain" Helen Reddy cc 1974

You could contact the ACLU, if you wanted to stir things up a bit, but, if you live in the BIBLE BELT like I do, I wouldn't DARE put anything like that ANYWHERE on my Truck, not even a Rainbow Sticker,unless I wanted to pick a FIGHT every time I went somewhere in my Truck, but since you happen to live in LIBERAL California, BTW (I use to live in SACRAMENTO 6 or 7 yrs ago) I don't see a real problem with it, I also find it odd, that it was denied, but at least the DMV is offering a "Refund" but you do understand, that if you accept that "refund" then you will have no-recourse to complain, just something to consider?

I am puzzled by the denial given where I live also.

The DMV is not giving me a choice of taking the refund or not. The letter also states that the fee will go back to my credit card within sixty days.

What about the person who wants HIVLIES or HIVCURE or somesuch? I rather see the point in the rejection, actually. Open the door, the crazies walk in.

As far as those plates, I'm not sure about the first one you listed (it doesn't make sense, but I don't think it's offensive), but I certainly wouldn't see anything wrong with the second one.

Quote

Won't a red ribbon on your car or a bumper sticker be sufficient?

At the very least, it will give you some memorable, if lengthy, moments in rural areas with the local populations and police.

Different ribbons get used for so many things. Not everybody knows what a red ribbon means. So no, I don't really think it would get the message accross.I have never really been a fan of bumper stickers for some reason.And neither of them accomplishes the goal of helping the environment.

why don't you go to the local newspapers? That usually stirs things up.

I'm thinking about it. But first I'm trying to find out which of the 3 reasons listed in the letter the DMV denied me for, since they didn't specify. I have been on hold with the DMV for a while and so far no luck.

Sounds to me the someone at the DMV made a judgement call . If you really want the plate why not just apply again , chances are the person that rejected it the first time around wont be involved this time .

Well, the letter has a 3-digit case ID associated with the plate name so I bet it would come back to them. I didn't try to reapply yet, not until I figure out their exact reasons.

Well, the letter has a 3-digit case ID associated with the plate name so I bet it would come back to them. I didn't try to reapply yet, not until I figure out their exact reasons.

I doubt the DMV will ever tell you why? I'd be very supprized if they did, cuz you could sue them, so, I sure don't think the DMV is that dumb but then again, it's a State Govt. Agency, so, maybe they are? that would be better for you (if they were) only if you really wanted to push-the-issue.............

« Last Edit: September 08, 2008, 08:07:28 PM by denb45 »

Logged

"it's so nice to be insane, cause no-one ask you to explain" Helen Reddy cc 1974

I doubt the DMV will ever tell you why? I'd be very supprized if they did, cuz you could sue them, so, I sure don't think the DMV is that dumb but then again, it's a State Govt. Agency, so, maybe they are? that would be better for you (if they were) only if you really wanted to push-the-issue.............

Well, they listed 3 reasons in the letter (offensive, misleading, conflicting), all I want them to tell me is exactly which one of the 3 it is that I was denied for. If it's one the first two, I'm not asking for the whole reasoning about why it might be offensive or misleading, I don't expect them to tell me that. But it would determine what my next course of action is - try to sue them about this plate, or apply for another one.

I was on hold with the DMV for about 1/2 hour and just hung up on without ever being able to talk to anyone . Business as usual for the DMV .

Well, the letter has a 3-digit case ID associated with the plate name so I bet it would come back to them. I didn't try to reapply yet, not until I figure out their exact reasons.

I just checked on the DMV web site and the plate I chose is now listed as "unavailable". So clearly they have reserved it permanently after denying me and it's not possible for me to apply again for the same plate. Other plate combinations with HIV still appear to be available.

Here's a thought, instead of tilting at windmills over a vanity plate and the DMV. Why not slap a Honk If You Have HIV bumper sticker on your car and donate the time, energy and money you're wasting to a worthy HIV related cause?

While I admire your willingness to be so open about your status, I wonder if there might not be a better way. I think one needs to choose their battles wisely and is a stink over a license worth it. Just a thought could you have a special license plate holder made to accomplish the same thing?

Logged

"Let us give pubicity to HV/AIDS and not hide it..." "One of the things destroying people with AIDS is the stigma we attach to it." Nelson Mandela

Here's a thought, instead of tilting at windmills over a vanity plate and the DMV. Why not slap a Honk If You Have HIV bumper sticker on your car and donate the time, energy and money you're wasting to a worthy HIV related cause?

As I said, I don't like bumper stickers. And I wouldn't want anyone to honk at me for any non-traffic releated reason.

I have already given thousands of dollars to HIV related causes. I don't think it's exclusive of having the license plate I want.

I think you totally missed the point JK is trying to make. I agree with him 100%.

The examples he tried to give you were what someone who might be a HIV denialist might ask for on a tag.....so you can see how it could be dangerous.

I'm all for people who can be totally out with their status, but I must admit, I have NO IDEA why you would want it on a license plate. (but I'm with Philly here, I like just the numbers and think 'vanity' plates are absurb; most of them are nonsense to most people anyway)

Logged

"Remember my sentimental friend that a heart is not judged by how much you love, but by how much you are loved by others." - The Wizard of Oz

Well, I just got a phone call from the San Jose Mercury News. They will run a story about my plate, I'm not sure which day this week.

Good news - the paper was able to sort things with the DMV. The writer told me on the phone that it was an error from an inexperienced DMV clerk. The DMV letter is going to be rescinded, and I will be getting my plate after all.

Good news - the paper was able to sort things with the DMV. The writer told me on the phone that it was an error from an inexperienced DMV clerk. The DMV letter is going to be rescinded, and I will be getting my plate after all.

That part I don't believe. Always blame it on the 'new guy'. Congrats on getting it, though. (make sure you have good insurance coverage on your car, though! )